`[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Proposed Rules]
[Pages 103701-103709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29989]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / 
Proposed Rules  

[[Page 103701]]



FEDERAL ELECTION COMMISSION

11 CFR Parts 104, 110, and 400

[Notice 2024-29]


Modification and Redaction of Contributor Information

AGENCY: Federal Election Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Election Commission proposes to amend its 
regulations by establishing procedures for contributors or their agents 
to request the Commission--in certain limited circumstances when there 
is a reasonable probability the contributor may face threats, 
harassment or reprisal--to modify or redact, in whole or in part, 
certain contributor information (i.e., mailing address, occupation, and 
employer name) from a disclosure report or statement that has been 
filed with the Commission. The Commission seeks comment on the proposed 
rules and has not made any final decisions about the issues presented 
in this rulemaking.

DATES: Comments must be received on or before February 18, 2025. The 
Commission may hold a public hearing on this rulemaking. Anyone wishing 
to testify at such a hearing must file timely written comments and must 
include in the written comments a request to testify. If a hearing is 
to be held, the Commission will publish a notification in the Federal 
Register announcing the date and time of the hearing.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
https://sers.fec.gov/fosers, reference REG 2024-06. Alternatively, 
comments may be submitted in paper form addressed to the Federal 
Election Commission, Attn.: Mr. Robert M. Knop, Assistant General 
Counsel for Policy, 1050 First Street NE, Washington, DC 20463 (for 
U.S. Postal Service) or 20002 (for all other delivery services).
    Each commenter must provide, at a minimum, their first name, last 
name, city, and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel for Policy, Ms. Lindsay Bird, Attorney, or Mr. Isaac Campbell, 
Attorney, 1050 First Street NE, Washington, DC 20463 (for U.S. Postal 
Service) or 20002 (for all other delivery services), (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act (``the 
Act'') \1\ generally requires contributors' identities to be disclosed 
in reports or statements filed with the Commission. Namely, political 
committees must disclose the name, mailing address, occupation, and 
employer name of each individual who contributes an aggregate in excess 
of $200 per calendar year (or per election cycle in the case of an 
authorized committee).\2\ Moreover, conduits and intermediaries 
receiving and forwarding earmarked contributions to candidates must 
disclose every contributor's name and mailing address, regardless of 
the amount of the earmarked contribution.\3\ The Commission, in turn, 
must post the reports and statements containing the identification 
information on its website.\4\
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    \1\ 52 U.S.C. 30101-45.
    \2\ 52 U.S.C. 30104(b)(3)(A); 11 CFR 104.3(a)(4).
    \3\ 11 CFR 110.6(c)(1)(iv)(A). If the contribution exceeds $200, 
the conduit or intermediary must also report the contributor's 
occupation and employer. Id.
    \4\ 52 U.S.C. 30112(a).
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    While recognizing that there are important governmental interests 
that justify the Act's disclosure requirements, the Supreme Court has 
acknowledged that disclosing a contributor's identity may expose them 
to threats, harassment, or retaliation, resulting in a significant 
burden on their First Amendment rights.\5\ Accordingly, the Court has 
required an exemption from the Act's reporting requirements when there 
is a ``reasonable probability'' that the contributor may face such 
threats, harassment, or retaliation.\6\
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    \5\ Buckley v. Valeo, 424 U.S. 1, 68 (1976) (per curiam).
    \6\ Id.
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    Thus far, the courts have granted disclosure exemptions only to 
committees and organizations that sought to withhold the identity of 
their contributors due to demonstrated threats, harassment, or 
reprisals resulting from association with that committee or 
organization. The Commission has also granted such exemptions via the 
advisory opinion process when the requesting committee or organization 
was able to demonstrate specific evidence of past threats and 
harassment.\7\ From time to time, the Commission has also received 
requests from individual contributors who wished to have their 
identifying information removed from disclosure reports. And the 
Commission granted such requests when they were supported by evidence 
of threats, harassment, or reprisal. The Commission is now considering 
whether to establish a procedure to formalize the submission and 
consideration of requests by individual contributors when reasonable 
probability exists that the contributors may face threats, harassment, 
or reprisal.
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    \7\ Advisory Opinion 1990-13 (Socialist Workers' Party); 
Advisory Opinion 1996-46 (Socialist Workers' Party); Advisory 
Opinion 2003-02 (Socialist Workers' Party); Advisory Opinion 2009-01 
(Socialist Workers' Party); Advisory Opinion 2012-38 (Socialist 
Workers' Party).
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    Accordingly, the Commission proposes to revise its regulations to 
establish a process for individual contributors (or their agents) to 
request that the Commission modify or redact, in whole or in part, 
certain contributor information (i.e., mailing address, occupation, and 
employer name) from a disclosure report or statement that has been 
filed with the Commission under 52 U.S.C. 30104 and 30116(a)(8). The 
Commission would grant the request if it determines that the request 
establishes a reasonable probability that

[[Page 103702]]

disclosure of the requestor's identifying information would subject the 
requestor to threats, harassment, or reprisals. The Commission invites 
public comments on the proposed rules.

I. Background

A. Requirements To Disclose Contributor's Identities

1. Political Committees
    Political committees must file disclosure reports with the 
Commission on a regular basis.\8\ These reports must include the 
``identification'' of any person who contributes more than $200 during 
a calendar year (or during an election cycle, in the case of an 
authorized committee).\9\ The Act defines the term ``identification'' 
to mean ``in the case of any individual, the name, the mailing address, 
and the occupation of such individual, as well as the name of his or 
her employer.'' \10\ ``Mailing address'' means any address where a 
person receives mail, including a business address.\11\
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    \8\ See 52 U.S.C. 30104(a).
    \9\ Id. 30104(b)(3)(A); 11 CFR 104.3(a)(4).
    \10\ 52 U.S.C. 30101(13). See also 11 CFR 100.12.
    \11\ See, e.g., Federal Election Commission, Record at 4 (Dec. 
2009) (``A mailing address is any address at which an individual can 
receive mail, including a work address or a P.O. Box.''), http://www.fec.gov/pdf/record/2009/dec09.pdf.
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    When the treasurer of a political committee demonstrates to the 
Commission that the committee used best efforts to obtain, maintain, 
and submit the information required by the Act, any report or records 
of such committee will be considered in compliance with the Act.\12\ 
Commission regulations specify the actions that treasurers must take to 
demonstrate that they have exercised best efforts to obtain and report 
the ``identification'' of each person whose contribution(s) they are 
required to disclose.\13\
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    \12\ 52 U.S.C. 30102(i); 11 CFR 104.7.
    \13\ 11 CFR 104.7(b).
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    First, the committee must include a clear and conspicuous request 
for the contributor's identification information in any 
solicitations.\14\ Second, if the contributor does not provide 
sufficient identification information when making the contribution, the 
committee must make at least one request for the information within 30 
days of receipt of the contribution.\15\ Third, if the contributor does 
not respond to the follow-up request, but the committee possesses the 
information in its contributor records, fundraising records, or prior 
reports filed during the same two-year election cycle, then the 
committee must use that information when disclosing the 
contribution.\16\ Finally, if the requested information about a 
contribution is received after the contribution has been disclosed on a 
report, the committee must file a memo or amend its report to disclose 
the information.\17\
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    \14\ Id. Sec.  104.7(b)(1).
    \15\ Id. Sec.  104.7(b)(2).
    \16\ Id. Sec.  104.7(b)(3).
    \17\ Id. Sec.  104.7(b)(4).
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2. Persons Who Are Not Political Committees
    Persons that spend money to influence Federal elections but fall 
outside of the definition of a political committee are not required to 
file regular disclosure reports; however, an obligation to file 
disclosures with the FEC may be triggered if they engage in specified 
election-related spending.\18\ Namely, a person that is not a political 
committee may be required to disclose the identity of their 
contributors if they make independent expenditures or electioneering 
communications.
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    \18\ See 52 U.S.C. 30104(c), (f).
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a. Independent Expenditures
    An ``independent expenditure'' is defined as an expenditure for a 
communication made without coordination with a candidate, campaign, or 
political party that ``expressly advocat[es] the election or defeat of 
a clearly identified candidate.'' \19\ The Act provides that any person 
that is not a political committee and makes independent expenditures 
aggregating more than $250 with respect to a given election per 
calendar year must file a statement containing, among other 
information, the name, address, occupation, and employer of each person 
whose contributions aggregated more than $200 within the calendar 
year.\20\ The Act also provides that the statement must include the 
same details for those who contributed more than $200 for the purpose 
of furthering an independent expenditure.\21\
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    \19\ Id. 30101(17).
    \20\ See id. 30104(c).
    \21\ Id. 30104(c)(2).
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b. Electioneering Communications
    An electioneering communication is any broadcast, cable, or 
satellite communication that refers to a clearly identified Federal 
candidate, is publicly distributed within 30 days of a primary or 60 
days of a general election and is targeted to the relevant 
electorate.\22\ All persons who make electioneering communications 
totaling more than $10,000 in any calendar year must file a statement 
with the Commission.\23\ The statement must include, among other 
information, the name and address of each person who gave a total of 
$1,000 or more within a specified period.\24\ If the electioneering 
communications were paid exclusively from a segregated account, only 
donors to that account must be disclosed.\25\
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    \22\ Id. 30104(f)(3).
    \23\ Id. 30104(f)(1); 11 CFR 104.20(b).
    \24\ 52 U.S.C. 30104(f)(2); 11 CFR 104.20(c).
    \25\ 52 U.S.C. 30104(f)(2)(E); 11 CFR 104.20(c)(8).
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3. Conduits and Intermediaries
    The Act and Commission regulations have special disclosure 
requirements for conduits and intermediaries. A conduit or intermediary 
is any person not authorized by the campaign to raise funds who 
receives and forwards an earmarked contribution to a candidate or a 
candidate's authorized committee.\26\ An earmarked contribution is one 
that a contributor directs (either orally or in writing) to a clearly 
identified candidate or authorized committee through an intermediary or 
conduit.\27\ Individuals, political committees, partnerships, and 
unregistered organizations may serve as conduits for earmarked 
contributions.
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    \26\ 11 CFR 110.6(b)(2).
    \27\ 11 CFR 110.6.
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    A conduit or intermediary must report the source of an earmarked 
contribution to the Commission and the intended recipient.\28\ 
Commission regulations require such reports to include each 
contributor's name and mailing address, regardless of the amount of the 
earmarked contribution.\29\ If the contribution exceeds $200, the 
conduit must also report the contributor's occupation and employer.\30\
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    \28\ 52 U.S.C. 30116(a)(8); 11 CFR 110.6 (c)(1)(i).
    \29\ 11 CFR 110.6(c)(1)(iv)(A).
    \30\ Id.
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B. The Commission's Duty To Make Reports Public

    The Commission must make a disclosure report or statement available 
for public inspection within 48 hours of receipt.\31\ The Commission is 
required to post all publicly available election-related reports and 
information on its website.\32\ Commission regulations provide that it 
``will make the fullest possible disclosure of records to the public, 
consistent with the rights of individuals to privacy. . . .'' \33\ 
Thus, when a person or entity files a report or statement with the 
Commission containing a contributor's identification information, that 
information becomes accessible to the general public on the 
Commission's website.
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    \31\ 52 U.S.C. 30111(a)(4), 30104(a)(11)(B).
    \32\ Id. 30112(a).
    \33\ 11 CFR 5.2(a).

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[[Page 103703]]

C. Exemptions From Disclosure Requirements

    The Supreme Court has recognized that there are important 
governmental interests that justify the Act's disclosure requirements, 
including: (1) providing information to the electorate about the 
financial support enjoyed by a candidate or political committee, (2) 
deterring corruption and avoiding the appearance of corruption, and (3) 
preventing circumvention of the Act's contribution limits.\34\ The 
Court has generally determined that the Act's disclosure requirements 
are properly tailored to the advancement of these interests.\35\ 
However, the Court has also recognized the need for as-applied 
exemptions from compelled disclosure in some circumstances.
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    \34\ Buckley, 424 U.S. at 66-67.
    \35\ See id.; McConnell v. Fed. Election Comm'n, 540 U.S. 93, 
103-104 (2003); Citizens United v. Fed. Election Comm'n, 558 U.S. 
310, 368-70 (2010).
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    The Commission has provided as-applied exemptions from the Act's 
disclosure requirements in three ways: (1) conformance with court 
decisions, (2) the Commission's advisory opinion process, and (3) 
informal requests to the Commission.
1. Court Decisions
    In Buckley v. Valeo, the Court acknowledged that disclosing a 
contributor's identity may deter them from contributing and, in some 
instances, may expose them to threats, harassment, or retaliation.\36\ 
The Court recognized that ``[t]hese are not insignificant burdens on 
individual rights, and they must be weighed carefully against the 
interests which Congress has sought to promote by this legislation.'' 
\37\ The Court reasoned that, in most applications, disclosure 
requirements are ``the least restrictive means of curbing the evils of 
campaign ignorance and corruption that Congress found to exist.'' \38\ 
However, the Court left open the possibility of a case ``where the 
threat to the exercise of First Amendment rights is so serious, and the 
state interest furthered by disclosure so insubstantial, that the Act's 
requirements cannot be constitutionally applied.'' \39\ Specifically, 
the Buckley Court instructed that, in such circumstances, ``[t]he 
evidence offered need show only a reasonable probability that the 
compelled disclosure of a party's contributors' names will subject them 
to threats, harassment, or reprisals from either Government officials 
or private parties.'' \40\ Organizations have brought suits in Federal 
court seeking to be exempted from campaign finance disclosure 
requirements pursuant to the Supreme Court's opinion, and minor parties 
have, from time to time, demonstrated a reasonable probability that the 
disclosure would subject contributors to threats, harassment, or 
reprisals.\41\
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    \36\ Buckley, 424 U.S. at 68.
    \37\ Id.
    \38\ Id.
    \39\ Id. at 71.
    \40\ Id. at 74.
    \41\ E.g., Consent Decree, Socialist Workers 1974 Nat'l Campaign 
Comm. v. Fed. Election Comm'n, Case No. 74-1338 (D.D.C. 1979); Brown 
v. Socialist Workers `74 Campaign Comm. (Ohio), 459 U.S. 87 (1982); 
Fed. Election Comm'n v. Hall-Tyner Election Campaign Comm., 678 F.2d 
416, 420 (2d Cir.1982). Courts have also declined to order 
exemptions, finding that a plaintiff's claims of threat, harassment, 
or reprisal were insufficient to oust the general disclosure rule. 
ProtectMarriage.com v. Bowen, 830 F. Supp. 2d 914, 928-30 (E.D. Cal. 
2011).
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2. Advisory Opinions
    Committees and organizations that wish to withhold their 
contributors' names and other identifying information due to threats, 
harassment, or reprisals resulting from association with that committee 
or organization can also request an exemption through the advisory 
opinion process. The Commission has issued advisory opinions granting 
exemptions from the Act's disclosure requirements to one organization: 
the Socialist Workers' Party (``SWP'').
    In 1979, following an action for declaratory and injunctive relief, 
the Commission and SWP entered into a consent agreement stipulating 
that, for a limited time, SWP would not be required to comply with 
certain disclosure provisions of the Act, including the requirement to 
disclose its contributors' identities.\42\ When the consent agreement 
expired, SWP sought an advisory opinion concerning its continued 
eligibility for disclosure exemptions.
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    \42\ Consent Decree, Socialist Workers 1974 Nat'l Campaign Comm. 
v. Fed. Election Comm'n, Case No. 74-1338 (D.D.C. 1979).
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    In 1990, the Commission issued an advisory opinion extending SWP's 
partial reporting exemption for the next two election cycles.\43\ The 
Commission reasoned that SWP was a minor party that continued to 
demonstrate a reasonable probability that disclosure of its 
contributors' names and other identifying information would subject 
them to threats, harassment, or reprisals.\44\ The Commission renewed 
SWP's exemption on the same grounds four more times.\45\ In 2016, SWP 
again sought to renew the exemption, but the Commission was unable to 
reach agreement on SWP's request.\46\
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    \43\ Advisory Opinion 1990-13 (SWP).
    \44\ Id. at 6.
    \45\ See Advisory Opinion 1996-46 (SWP); Advisory Opinion 2003-
02 (SWP); Advisory Opinion 2009-01 (SWP); Advisory Opinion 2012-38 
(SWP).
    \46\ See Advisory Opinion 2016-23 (SWP).
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3. Informal Requests
    The Commission has occasionally received informal requests to 
substitute or redact an individual's address from publicly available 
documents, which it has considered on an ad hoc basis. The concerns 
raised in these requests are not necessarily connected to the 
individual's support for a particular cause or organization but may 
instead be tied to the specific individual's circumstances. For 
example, these requests may be submitted by an individual who wishes to 
replace a home address with a business address due to personal security 
concerns or a victim of intimate partner violence who wishes to prevent 
their home address from being publicly disclosed.
    A subset of these requests have invoked the Daniel Anderl Judicial 
Security and Privacy Act of 2022.\47\ That Federal law requires 
Government agencies (including the Commission), persons, businesses, 
and associations to remove from public view residential addresses and 
certain other personally identifiable information of Federal judges and 
members of their households and immediate families within 72 hours of 
receiving a request for removal.\48\ Agencies have no discretion to 
refuse a valid request; failure to comply may subject the agency to a 
suit for declaratory or injunctive relief.\49\
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    \47\ See Daniel Anderl Judicial Security and Privacy Act of 
2022, Public Law 117-263, 136 Stat. 3458 (2022) (``Judicial Security 
and Privacy Act'').
    \48\ Id. secs. 5933-34.
    \49\ Id. sec. 5934(f)(1).
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II. Proposed Rules

A. Applicability of Proposed Rules

    The Act requires individuals and entities to disclose contributors' 
identities in reports or statements filed with the Commission in 
certain circumstances. There are no exemptions to these disclosure 
requirements in the Act. However, as discussed above, the Supreme Court 
and other Federal courts have recognized the need for as-applied 
exemptions from compelled disclosure in some circumstances. Consistent 
with that precedent, the Commission too has granted as-applied 
exemptions in limited circumstances. Thus far, individual contributors' 
concerns about the disclosure of their personal information have 
generally been considered on an ad hoc basis. The

[[Page 103704]]

Commission now considers whether to establish a procedure to formalize 
the submission and consideration of these ad hoc requests. In doing so, 
the Commission is not seeking to foreclose or supplant other avenues of 
relief, such as recourse to the courts or the Judicial Security and 
Privacy Act.
    The Commission welcomes comments on the scope and necessity of the 
proposed rules. Does the Commission have the authority to draft 
regulations to establish a new procedure for addressing as-applied 
exemptions? Is a new approach desirable, or should all requests be 
addressed through the advisory opinion process and by the courts? 
Should the proposed procedure also apply to requests from committees or 
organizations that seek to withhold their contributors' information? If 
so, should there be different approaches for requests from individual 
contributors and requests from committees and organizations?

B. Part 400

1. Proposed 11 CFR 400.1--Scope
    Proposed 11 CFR 400.1 provides that part 400 establishes the 
procedures for processing requests to modify or redact a contributor's 
mailing address, occupation, or employer name in reports or statements 
that have been filed with the Commission under 52 U.S.C. 30104 and 
30116(a)(8). The Commission seeks comments on three broad questions 
that are raised by the scope of the proposed rules: (1) whose 
information can be modified or redacted, (2) what information can be 
modified or redacted, and (3) what reports or statements can be 
modified or redacted.
a. Whose information can be redacted?
    The proposed rules would only apply to the modification or 
redaction of a contributor's identification information. They do not 
extend to other individuals whose personal information may be included 
on disclosure reports or other documents made public by the Commission. 
For example, the proposed regulations do not apply to the redaction of 
a candidate, treasurer, or payee's address. Should the proposed rules 
allow for the redaction of any person's information that is in the 
documents the Commission makes public?
b. What information can be modified or redacted?
    The proposed rules would only apply to a request to modify or 
redact a contributor's mailing address, occupation, or employer name; 
they do not establish a procedure for modifying or redacting a 
contributor's name. This is consistent with the Commission's past 
practice. The Commission has only granted requests to withhold 
contributors' names pursuant to advisory opinions or court decisions 
and has not considered such requests on an ad hoc basis.
    The Commission welcomes comments on the scope and necessity of the 
proposed rules. Should these rules allow for the modification or 
redaction of contributors' names and, if so, should the procedure to 
modify or redact names differ from the procedure to modify or redact 
other identifying information. If the Commission redacts names under 
part 400, should the confidentiality provision at proposed Sec.  400.9 
change?
    The Commission also welcomes comments on whether a contributor's 
occupation and employer name should be included in the new procedure 
established by the proposed rules. Are an individual's occupation and 
employer too far attenuated from potential concerns to include in the 
process? Or should the Commission be able to assess whether there is a 
reasonable probability of threats, harassment, or reprisals resulting 
from the disclosure of an individual's occupation and employer name 
when weighing each request? Further, should the Commission permit 
redaction of the contributor's complete mailing address or only the 
street name and number of the contributor's mailing address?
c. What reports or statements can be modified or redacted?
    Proposed 11 CFR 400.1 provides that the procedures in part 400 
shall apply to the modification or redaction of reports and statements 
filed with the Commission under 52 U.S.C. 30104 and 30116(a)(8), which 
include all reports filed by political committees, reports of 
independent expenditures, statements disclosing electioneering 
communications, and reports of conduits and intermediaries. The 
Commission intends for the proposed procedure to allow the modification 
or redaction of any report or statement that contains a contributor 
address, occupation, or employer name and is in the Commission's 
possession. Are there reports or statements the Commission omitted that 
include contributor identification information? Are there other types 
of documents made public by the Commission that include identifying 
information? If so, should they be included in the new procedure? Are 
there categories of reports or statements that should be excluded from 
the proposed procedure?
    The proposed rules would also only permit requests for the 
modification or redaction of reports already filed with the Commission 
and amendments to those reports. Proposed 11 CFR 400.8, discussed 
below, provides that once the Commission modifies or redacts a report 
pursuant to a request, the filer can incorporate those same changes 
into future reports for the next two calendar years without the 
requestor submitting a new request.
    The Commission seeks comments on whether the new procedure should 
allow contributors to ask for their information to be modified or 
redacted by the filer in future reports. If so, what limitations should 
be placed on the request? Should the filers of the future reports be 
required to participate in the request? Should future filers be 
required to withhold the information, or should it be discretionary? 
How would the filers of future reports be made aware that the 
contributor's information can or must be withheld? Following the 
Commission's initial approval of a contributor's request for 
modification or redaction of information, should filers be responsible 
for notifying the Commission about the need for future modifications or 
redactions for the same contributor or should the Commission itself 
manage tracking of future changes to reports? What are the anticipated 
burdens to individual contributors and filers, from various alternative 
approaches to the modification or redaction of future reports?
2. Proposed 11 CFR 400.2--Computation of Time
    Proposed Sec.  400.2 provides that the time periods established by 
part 400 will be computed in accordance with 11 CFR 111.2, which is the 
computation of time provision in the Commission's enforcement 
regulations. Section 111.2 provides that in computing any period of 
time, the day of the act, event, or default from which the designated 
period of time begins to run will not be included. The last day of the 
period so computed will be included, unless it is a Saturday, a Sunday, 
or a legal holiday. When the period of time is less than seven (7) 
days, intermediate Saturdays, Sundays, and legal holidays shall be 
excluded in the computation. Whenever the Commission or any person has 
the right or is required to do some act within a prescribed period 
after the service of any paper by or upon the Commission or such 
person, and the paper is served by or upon the Commission or such 
person by mail, three (3) days shall be added to the prescribed period.

[[Page 103705]]

3. Proposed 11 CFR 400.3--Requests To Modify or Redact Contributor's 
Mailing Address, Occupation, or Employer Name
    Proposed Sec.  400.3 establishes that a contributor may request 
that the Commission modify or redact their mailing address, occupation, 
or employer name from a report or statement filed with the Commission. 
The Commission expects such requests will include concerns specific to 
the individual contributor. Accordingly, in the Commission's view, the 
individual contributor is best suited to provide the information 
necessary for the Commission to consider the request. Proposed Sec.  
400.5, discussed below, specifies that agents, parents, and guardians 
may submit requests on the contributor's behalf. The Commission intends 
for proposed Sec.  400.3 to apply to any contributor whose address, 
occupation, or employer name is included on any report or statement 
made public by the Commission. This section does not consider the 
amount of a contribution or the recipient of the contribution.
    The Commission seeks comments on this approach. Are there other 
individuals or groups that should be able to submit requests through 
the new procedure? Should this procedure only be available to 
individuals whose contributions were under a specified amount? Should 
any other limitations be placed upon the types of information that may 
be modified or redacted for a given contributor?
4. Proposed 11 CFR 400.4--Contents of the Request
    Proposed Sec.  400.4 describes the contents of a request to modify 
or redact contributor information. Paragraph (a) contains the 
information that must be included in a request at a minimum. Paragraph 
(a)(1) requires the request to provide the requestor's full name, 
address, and telephone number. Paragraph (a)(2) requires the request to 
identify the information the requestor seeks to modify or redact. 
Paragraph (a)(3) requires the request to identify any published 
report(s) that contain the information the requestor is asking the 
Commission to modify or redact. Paragraph (a)(4) requires the request 
to be sworn to and signed by the requestor and notarized. Under Sec.  
400.6, discussed below, the Office of the General Counsel will review 
all requests to determine if they have met the requirements in 
paragraph (a). If a request does not meet the requirements in paragraph 
(a), then no action will be taken on the request other than to notify 
the requestor of its deficiencies.
    Paragraph (b) contains the information that a request should 
include where possible. The Commission will consider these factors when 
evaluating the strength of a request. Paragraph (b)(1) provides that 
the request should state with particularity the facts that establish a 
reasonable probability that the disclosure of each piece of information 
the requestor seeks to modify or redact would subject the requestor to 
threats, harassment, or reprisals. Paragraph (b)(2) provides that 
statements within the request should be based upon the requestor's 
personal knowledge. Paragraph (b)(3) provides that the request should 
be accompanied by any records supporting the facts alleged if such 
records are known, and available, to the requestor. If a request meets 
the requirements of paragraph (a) but does not contain all the 
information in paragraph (b), it will still be forwarded to the 
Commission for review and evaluation, but the Commission may have 
insufficient information to grant the request.
    Paragraph (c) provides that all statements made in a request are 
subject to the statutes governing perjury and to 18 U.S.C. 1001. The 
Commission recognizes personal safety concerns will motivate requests 
to modify or redact contributor information. To move quickly to 
evaluate such requests, the Commission must be able to rely on the 
veracity of the statements in each request.
5. Proposed 11 CFR 400.5--Procedure for Submitting a Request
    Proposed Sec.  400.5 describes the procedure for submitting a 
request for modification or redaction of contributor information. 
Requests must be submitted in writing, addressed to the Office of the 
General Counsel. Requests can be submitted via U.S. mail or to the 
email address designated on the Commission's website to receive such 
requests. An authorized agent, parent, or guardian of a contributor may 
submit a modification or redaction request, but the agent, parent, or 
guardian must disclose the identity of their principal. All requests 
must include the information in Sec.  400.4(a). Requests submitted by 
an agent still must be sworn to and signed by the requestor, not the 
agent.
    The Commission seeks comments on whether committees or 
organizations should be permitted to act as agents of contributors for 
purposes of Sec.  400.5, or whether they should be required to address 
such requests through the advisory opinion process or the courts.
6. Proposed 11 CFR 400.6--Initial Request Processing
    Proposed Sec.  400.6 sets forth the process that the Office of the 
General Counsel will follow upon receipt of a request to modify or 
redact contributor information.
    Paragraph (a) provides that the Office of the General Counsel will 
review the request within five business days to ensure substantial 
compliance with the technical requirements of Sec.  400.4(a). If the 
request meets the technical requirements, the Office of the General 
Counsel will forward it to the Commission for review under Sec.  400.7.
    Paragraph (b) provides that if the technical requirements in Sec.  
400.4(a) are not met, the Office of the General Counsel will, within 
five business days, notify the requestor that no action will be taken 
and identify the request's deficiencies.
7. Proposed 11 CFR 400.7--Reasonable Probability Finding; Notification
    Proposed Sec.  400.7 describes the process that the Commission will 
follow when considering a request for modification or redaction of 
contributor information. It also sets forth the notifications that will 
follow the Commission's decision.
    Paragraph (a) provides that if the Commission, after reviewing the 
request and any supporting documentation, determines by an affirmative 
vote of four (4) or more of its members that there is a reasonable 
probability that the relevant disclosure would subject the requestor to 
threats, harassment, or reprisals, the Commission may approve, in whole 
or in part, the modification or redaction of the requested information.
    The Commission will examine whether the request includes the 
information in Sec.  400.4(b) when evaluating the strength of the 
request but will maintain the flexibility to consider the totality of 
the circumstances as presented in the request and supporting 
documentation. The Commission will not undertake an independent 
investigation to verify or supplement the information in the request. 
However, under Sec.  400.4(c), the statements in the request are 
subject to penalties of perjury and to 18 U.S.C. 1001.
    The ``reasonable probability'' standard in Sec.  400.7(a) 
implements the standard that the Supreme Court has used to evaluate as-
applied challenges to the

[[Page 103706]]

Act's disclosure requirements.\50\ The Commission will apply this 
standard to each piece of information the contributor seeks to modify 
or redact. The proposed rules use the same standard for all requests, 
regardless of whether the request seeks to substitute or completely 
redact information. The Commission seeks comments on whether the 
``reasonable probability'' standard is the appropriate standard for 
evaluating requests to modify or redact contributor information. If 
not, what would be the appropriate standard?
---------------------------------------------------------------------------

    \50\ See Buckley, 424 U.S. at 74; Brown, 459 U.S. at 93-99; 
McConnell, 540 U.S. at 199; Citizens United, 558 U.S. at 370.
---------------------------------------------------------------------------

    Paragraph (b) provides that the Commission will, within five (5) 
business days of voting, notify the requestor of the Commission's 
decision.
    Paragraph (c) provides that if the request is approved, the 
Commission will expeditiously make any approved changes to published 
reports. The Commission notes that under proposed Sec.  400.4(a)(3), 
the requestor is required to identify the published reports that the 
requestor seeks to modify or redact.
    Paragraph (d) provides that if changes are made to a disclosure 
report filed with the Commission, within five (5) business days after 
the changes are made, the Commission will notify the committee or 
person who filed the disclosure report that the report was modified 
pursuant to part 400. To conserve Commission resources, the proposed 
rules do not require the Commission to notify the filer if no changes 
are made to their report.
8. Proposed 11 CFR 400.8--Modifications or Redactions in Future 
Disclosure Reports
    Proposed Sec.  400.8 provides that if the Commission makes 
modifications or redactions to a disclosure report pursuant to a 
request under part 400, any individuals or entities who are required to 
identify the same individual in reports or statements filed with the 
Commission may incorporate those modifications or redactions into any 
report or statement filed within the next two calendar years, or within 
any other period specified by the Commission in its decision approving 
the contributor's request.
    The Commission recognizes that it would be inefficient and 
impractical to require a contributor to submit a new request each time 
their information is included in a new report. Additionally, the 
factual basis underlying a request for modification or redaction will 
likely persist for some time. Thus, proposed Sec.  400.8 establishes 
that the changes the Commission makes pursuant to a request under part 
400 can be preemptively made to any report or statement filed with the 
Commission within the next two calendar years without an additional 
request. The Commission will have discretion to adjust this two-year 
default on a case-by-case basis. The Commission seeks comments on this 
approach. In addition, the Commission seeks comments on whether such 
requests must be submitted after a contribution is made, or whether it 
would be more appropriate to permit a requestor to file in advance of 
making a contribution.
    The Commission is proposing a two-calendar year period in Sec.  
400.8 as the default because it believes this is a period during which 
it could reasonably expect the threats, harassment, and reprisals 
identified in a request for modification or redaction to persist. 
Additionally, this period helps limit the frequency of requests, 
conserving Commission resources and reducing the burden on requestors. 
The Commission seeks comments on whether two calendar years is the 
appropriate default time period for proposed Sec.  400.8.
    Proposed Sec.  400.8 is discretionary. It permits filers to modify 
or withhold certain information from future reports but does not 
require them to do so. Under proposed Sec.  400.7(d), the Commission 
will notify filers if it changes their report(s) pursuant to a 
contributor's request. These filers would be on notice that they can, 
and for the sake of efficiency should, make these same changes in 
future reports in accordance with Sec.  400.8. The Commission seeks 
comments as to how it can prevent a requestor's information from being 
released in a future report without the filing of a new request. Under 
the proposed language, if the contributor makes a contribution to a new 
committee or organization, the contributor would be responsible for 
notifying that entity that their information can be withheld or 
modified pursuant to Sec.  400.8. The Commission seeks comments 
concerning the method by which a contributor would demonstrate that his 
or her information should be withheld or modified when making a 
contribution to a new committee or organization. Is a copy of the 
notification to the requestor from the Commission approving the request 
sufficient? If not, what evidence of the Commission's decision ought to 
be provided?
9. Proposed 11 CFR 400.9--Confidentiality
    Proposed Sec.  400.9 establishes that requests, notifications, and 
findings made pursuant to part 400 will generally be kept confidential. 
Paragraph (a) provides that except as provided in proposed Sec.  
400.7(d), which describes the notification that is sent to committees 
when their reports have been modified under part 400, no request 
submitted to the Commission, nor any notification sent by the 
Commission, nor any findings made by the Commission, will be made 
public by the Commission without the written consent of the requestor. 
Paragraph (b) establishes that nothing in part 400 shall be construed 
to prevent the introduction of evidence in the courts of the United 
States which could properly be introduced pursuant to the Federal Rules 
of Evidence or Federal Rules of Civil Procedure. The Commission seeks 
comments concerning appropriate mechanisms by which the Commission may 
preserve the confidentiality of potentially at-risk requestors while 
maintaining appropriate transparency as to the Commission's actions 
regarding redaction and modification requests. The Commission also 
seeks comments on whether the proposed procedures in part 400 should 
apply to requests from committees or other organizations to redact or 
withhold their contributors' identification information, or whether 
such requests should be addressed through the advisory opinion process 
and the courts.
    Additionally, the proposed rules do not provide for the redaction 
or modification of a contributor's name pursuant to a request under 
part 400. A person viewing a disclosure report will be able to see the 
names of the individuals whose addresses, occupations, or employers' 
names have been modified or redacted pursuant to part 400.
    The Commission seeks comments on whether and how it should keep the 
requests, notifications, and findings made pursuant to proposed part 
400 confidential.

C. Best Efforts Regulations

    The Commission's ``best efforts'' regulations at 11 CFR 104.7 
specify the actions that treasurers must take to demonstrate they have 
exercised best efforts to obtain and report the ``identification'' of 
each person whose contribution(s) they are required to disclose.\51\ 
The ``best efforts'' regulations describe the steps a committee must 
take to collect, obtain, and report a contributor's required 
identification information when the contributor does not include such 
information with their contribution.

[[Page 103707]]

Among other requirements, the ``best efforts'' regulations provide that 
a committee must make at least one request for the missing information 
within 30 days of receipt of the contribution.\52\ Additionally, if the 
contributor does not respond to the follow-up request, the committee 
must still disclose the information if it is in its records from the 
same two-year election cycle.\53\
---------------------------------------------------------------------------

    \51\ 11 CFR 104.7(b).
    \52\ Id. Sec.  104.7(b)(2).
    \53\ Id. Sec.  104.7(b)(3).
---------------------------------------------------------------------------

    The Commission is proposing to amend Sec.  104.7 to accommodate 
proposed Sec.  400.8, which describes the circumstances in which a 
committee may withhold identification information from a disclosure 
report under part 400. Under proposed Sec.  400.8, if the Commission 
modifies or redacts a disclosure report under proposed part 400, a 
committee may incorporate those modifications or redactions into any 
report within the next two calendar years, or within any other period 
specified by the Commission in its decision approving the contributor's 
request.
    If a committee is excused from providing missing identification 
information under proposed Sec.  400.8 because a contributor's request 
to redact such information has been granted, the committee should not 
be required to solicit the same information from the contributor or 
disclose the information from its records. Accordingly, the proposed 
amendments to Sec.  104.7 clarify that a committee does not have to 
take such steps if they are excused from providing the identification 
information pursuant to proposed Sec.  400.8.
1. Amendment to 11 CFR 104.7(b)(2)
    Current 11 CFR 104.7(b)(2) provides that for each contribution 
received aggregating in excess of $200 per calendar year (or per 
election cycle, in the case of an authorized committee) that lacks 
required contributor information, such as the contributor's full name, 
mailing address, occupation or name of employer, the treasurer must 
make at least one effort after the receipt of the contribution to 
obtain the missing information. The Commission proposes to amend Sec.  
104.7(b)(2) to clarify that it does not apply if the committee is 
excused from providing the information pursuant to 11 CFR 400.8.
2. Amendment to 11 CFR 104.7(b)(3)
    Current 11 CFR 104.7(b)(3) provides that if a contributor does not 
include the required identification information with their 
contribution, the treasurer must still report the information if it is 
in the political committee's possession, or in its connected 
organization's possession, including information in contributor 
records, fundraising records and previously filed reports, in the same 
two-year election cycle. The Commission proposes to amend Sec.  
104.7(b)(2) to clarify that it does not apply if the committee is 
excused from providing the information pursuant to 11 CFR 400.8.

D. Reporting Provisions

1. Amendment to 11 CFR 104.3(a)(4)
    Current 11 CFR 104.3(a)(4) provides that all political committees 
must report identifying information (including mailing address, 
occupation, and the name of their employer) of all contributors whose 
contributions aggregate more than $200 per calendar year. The 
Commission proposes to amend Sec.  104.3(a)(4) to clarify that it does 
not apply if the committee is excused from providing the information 
pursuant to 11 CFR 400.8.
2. Amendment to 11 CFR 104.20(c)(8) Through (10)
    Current 11 CFR 104.20(c)(8) through (10) provide that all 
statements of electioneering communications must disclose the name and 
address of each person of $1,000 or more, aggregating since the first 
day of the preceding calendar year. The Commission proposes to amend 11 
CFR 104.20(c)(8) through (10) to clarify that persons filing statements 
of electioneering communication do not have to disclose an individual's 
address if the person is excused from providing the information 
pursuant to 11 CFR 400.8.
3. Amendment to 11 CFR 110.6(c)(1)(iv)(A)
    Current 11 CFR 110.6(c)(1)(iv)(A) provides that all intermediaries 
or conduits must report the name and mailing address of each 
contributor, and for each earmarked contribution in excess of $200, the 
contributor's occupation and employer name. The Commission proposes to 
amend 11 CFR 110.6(c)(1)(iv)(A) to clarify that intermediaries and 
conduits do not have to disclose a contributor's mailing address if 
they are excused from providing the information pursuant to 11 CFR 
400.8.
* * * * *
    The Commission seeks comments on whether any other regulations 
would be affected by the proposed rules.

Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory 
Flexibility Act)

    The Commission certifies that the proposed rules, if adopted, would 
not have a significant impact on a substantial number of small 
entities. The proposed rules would not impose any new recordkeeping, 
reporting, or financial obligations on reporting entities; in fact, the 
proposed rules would relieve the reporting obligations of certain 
reporting entities. Additionally, the majority of the proposed 
regulations target Commission actions and the streamlined, articulated 
proposed procedures would apply only to individuals and not to any 
small entities. Therefore, the attached proposed rules, if promulgated, 
will not have a significant impact on a substantial number of small 
entities.

List of Subjects

11 CFR Part 104

    Campaign funds, Political committees and parties, Reporting and 
recordkeeping requirements.

11 CFR Part 110

    Campaign funds, Political committees and parties.

11 CFR Part 400

    Personally identifiable information, Privacy, Reporting and 
recordkeeping requirements.

    For the reasons discussed in the preamble, the Federal Election 
Commission proposes to amend 11 CFR chapter I as set forth below:

PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52 
U.S.C. 30104)

0
1. The authority citation for part 104 continues to read as follows:

    Authority:  52 U.S.C. 30101(1), 30101(8), 30101(9), 30102(g) and 
(i), 30104, 30111(a)(8) and (b), 30114, 30116, 36 U.S.C. 510.

0
2. In Sec.  104.3, revise paragraph (a)(4) introductory text to read as 
follows:


Sec.  104.3  Contents of reports (52 U.S.C. 30104(b), 30114).

    (a) * * *
    (4) Itemization of receipts for all political committees including 
authorized and unauthorized committees. The identification (as defined 
at 11 CFR 100.12) of each contributor, unless the committee is excused 
from providing the information pursuant to 11 CFR 400.8, and the 
aggregate year-to-date (or aggregate election-cycle-to-date, in the 
case of an authorized committee) total for such

[[Page 103708]]

contributor in each of the following categories shall be reported.
* * * * *
0
3. In Sec.  104.7, revise the first sentence of paragraph (b)(2) and 
paragraph (b)(3) to read as follows:


Sec.  104.7  Best efforts (52 U.S.C. 30102(i)).

* * * * *
    (b) * * *
    (2) For each contribution received aggregating in excess of $200 
per calendar year (or per election cycle, in the case of an authorized 
committee) which lacks required contributor information, such as the 
contributor's full name, mailing address, occupation or name of 
employer, the treasurer makes at least one effort after the receipt of 
the contribution to obtain the missing information, unless the 
committee is excused from providing the information pursuant to 11 CFR 
400.8. * * *
    (3) The treasurer reports all contributor information not provided 
by the contributor, but in the political committee's possession, or in 
its connected organization's possession, regarding contributor 
identifications, including information in contributor records, 
fundraising records and previously filed reports, in the same two-year 
election cycle in accordance with 11 CFR 104.3, unless the committee is 
excused from providing the information pursuant to 11 CFR 400.8; and
* * * * *
0
4. In Sec.  104.20, revise paragraphs (c)(8) through (10) to read as 
follows:


Sec.  104.20  Reporting electioneering communications (52 U.S.C. 30104 
(f)).

* * * * *
    (c) * * *
    (8) If the disbursements were paid exclusively from a segregated 
bank account consisting of funds provided solely by persons other than 
national banks, corporations organized by authority of any law of 
Congress, or foreign nationals as defined in 11 CFR 110.20(a)(3), the 
name and address of each donor who donated an amount aggregating $1,000 
or more to the segregated bank account, aggregating since the first day 
of the preceding calendar year, unless the person filing the statement 
is excused from providing the donor's information pursuant to 11 CFR 
400.8.
    (9) If the disbursements were not paid exclusively from a 
segregated bank account described in paragraph (c)(7) of this section 
and were not made by a corporation or labor organization, the name and 
address of each donor who donated an amount aggregating $1,000 or more 
to the person making the disbursement, aggregating since the first day 
of the preceding calendar year, unless the person filing the statement 
is excused from providing the donor's information pursuant to 11 CFR 
400.8.
    (10) If the disbursements were made by a corporation or labor 
organization and were not paid exclusively from a segregated bank 
account described in paragraph (c)(7) of this section, the name and 
address of each person who made a donation aggregating $1,000 or more 
to the corporation or labor organization, aggregating since the first 
day of the preceding calendar year, which was made for the purpose of 
furthering electioneering communications, unless the corporation or 
labor organization is excused from providing the person's information 
pursuant to 11 CFR 400.8.
* * * * *

PART 110-CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

0
5. The authority citation for part 110 continues to read as follows:

    Authority:  52 U.S.C. 30101(8), 30101(9), 30102(c)(2) and (g), 
30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123, 
30124, and 36 U.S.C. 510.

0
6. In Sec.  110.6, revise paragraph (c)(1)(iv)(A) to read as follows:


Sec.  110.6  Earmarked contributions 52 U.S.C. 30116(a)(8)).

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * *
    (A) The name and mailing address of each contributor and, for each 
earmarked contribution in excess of $200, the contributor's occupation 
and the name of his or her employer, unless the conduit or intermediary 
is excused from providing the information pursuant to 11 CFR 400.8;
* * * * *
0
7. Add subchapter D consisting of part 400 to read as follows:

SUBCHAPTER D--MODIFICATION AND REDACTION OF CONTRIBUTOR INFORMATION

PART 400--REQUESTS TO MODIFY OR REDACT INDIVIDUAL'S MAILING 
ADDRESS, OCCUPATION, OR EMPLOYER NAME

Sec.
400.1 Scope.
400.2 Computation of time.
400.3 Requests to modify or redact contributor's mailing address, 
occupation, or employer name.
400.4 Contents of the request.
400.5 Procedure for submitting a request.
400.6 Initial request processing.
400.7 Reasonable probability finding; notification.
400.8 Modifications or redactions in future disclosure reports.
400.9 Confidentiality.

    Authority: 52 U.S.C. 30102(i), 30101(8), 30101(9), 30102(g) and 
(i), 30104, 30111(a)(8), 30107(a)(8).


Sec.  400.1  Scope.

    The regulations in this part provide procedures for processing 
requests to modify or redact a contributor's mailing address, 
occupation, or employer name in reports or statements that have been 
filed with the Federal Election Commission (Commission) under 52 U.S.C. 
30104 and 30116(a)(8).


Sec.  400.2  Computation of time.

    The time periods established by this part will be computed in 
accordance with 11 CFR 111.2.


Sec.  400.3  Requests to modify or redact contributor's mailing 
address, occupation, or employer name.

    A contributor may request that the Commission modify or redact 
their mailing address, occupation, or employer name from a report or 
statement that has been filed with the Commission.


Sec.  400.4  Contents of the request.

    (a) A request to modify or redact a contributor's mailing address, 
occupation, or employer name must comply with the following:
    (1) It must provide the full name, address, and telephone number of 
the requestor;
    (2) It must identify the information that the requestor seeks to 
modify or redact;
    (3) It must identify any published report(s) that contain the 
information the requestor is asking the Commission to modify or redact; 
and
    (4) The contents of the request must be sworn to and signed by the 
requestor and notarized.
    (b) A request to modify or redact a contributor's mailing address, 
occupation, or employer name should conform to the following:
    (1) It should state with particularity the facts that establish 
that there is a reasonable probability that the disclosure of each 
piece of information the requestor seeks to modify or redact would 
subject the contributor to threats, harassments, or reprisals;
    (2) Statements within the request should be based upon the 
requestor's personal knowledge; and
    (3) It should be accompanied by any records supporting the facts 
alleged if such records are known, and available to, the requestor.

[[Page 103709]]

    (c) All statements made in a request are subject to the statutes 
governing perjury and to 18 U.S.C. 1001.


Sec.  400.5  Procedure for submitting a request.

    A request must be submitted in writing, either by U.S. mail or the 
email address designated on the Commission's website, addressed to the 
Office of the General Counsel. An authorized agent or parent or 
guardian of a contributor may submit a modification or redaction 
request, but the agent or parent or guardian must disclose the identity 
of their principal.


Sec.  400.6  Initial request processing.

    (a) Upon receipt of a request, the Office of the General Counsel 
will, within five (5) business days, review the request for substantial 
compliance with the technical requirements of Sec.  400.4(a).
    (b) If the request does not comply with the technical requirements 
of Sec.  400.4(a), the Office of the General Counsel will, within five 
(5) business days, notify the requestor that no action will be taken on 
the basis of the request and specify the deficiencies of the request.


Sec.  400.7  Reasonable probability finding; notification.

    (a) If the Commission, after reviewing the request and any 
supporting documentation, determines by an affirmative vote of four (4) 
or more of its members that there is a reasonable probability that the 
relevant disclosure would subject the contributor to threats, 
harassments, or reprisals, the Commission may approve, in whole or in 
part, the modification or redaction of the requested information.
    (b) The Commission will, within five (5) business days of voting, 
notify the requestor of the Commission's decision.
    (c) If the request is approved, the Commission will expeditiously 
effect any approved changes to the reports published by the Commission.
    (d) If changes are made to a disclosure report filed with the 
Commission, within five (5) business days after the changes are made, 
the Commission will notify the committee or person who filed the 
disclosure report that the report was modified pursuant to this part.


Sec.  400.8  Modifications or redactions in future disclosure reports.

    If the Commission makes modifications or redactions to a disclosure 
report pursuant to a request from a contributor under this part, any 
individuals or entities who are required to identify the same 
contributor in reports or statements filed with the Commission may 
incorporate those modifications or redactions into any report or 
statement filed within the next two calendar years, or within any other 
period specified by the Commission in its decision approving the 
contributor's request.


Sec.  400.9  Confidentiality.

    (a) Except as provided in Sec.  400.7(d), no request submitted to 
the Commission, nor any notification sent by the Commission, nor any 
findings made by the Commission, will be made public by the Commission 
without the written consent of the requestor.
    (b) Nothing in this part shall be construed to prevent the 
introduction of evidence in the courts of the United States which could 
properly be introduced pursuant to the Federal Rules of Evidence or 
Federal Rules of Civil Procedure.

    Dated: December 12, 2024.

    On behalf of the Commission.
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024-29989 Filed 12-18-24; 8:45 am]
BILLING CODE P`